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(영문) 울산지방법원 2016.03.31 2015고단3365
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 10, 2015, the Defendant was issued a fine of three million won for a crime of violating road traffic laws at the Ulsan District Court on February 10, 2015, and a fine of two million and five million won for a crime of violating road traffic laws (driving alcohol) at the same court on October 1, 2015.

【Criminal facts】 around 05:45 on September 18, 2015, the Defendant was drinking on the day when the Defendant was committing a water-Eup in Yangsan-si.

“A person driving a BN-type car under the influence of alcohol concentration of about 0.168% in blood without obtaining a driver’s license from the section of approximately 2.5 kilometers from the front of the restaurant of the trade name to the front road of the blue apartment in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a violator of the Act at a corner of a road bridge and a statement in the circumstances of the driver of the road;

1. The driver's license ledger;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Article 40 of the Criminal Act of Commercial Competition. Article 40 (Selection of Punishment of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the foregoing reasons);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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